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Federal Courts Vacate USCIS Adjudication Freezes and $100,000 H‑1B Fee

Judges found the agency exceeded its legal authority, creating immediate relief for some applicants while appeals and State Department restrictions continue to affect travel and visas.

Overview

  • A Rhode Island federal judge vacated four USCIS policies on June 5, 2026, saying the agency exceeded its statutory authority, failed to give reasoned explanations, and based actions on pretextual national‑security rationales.
  • A separate Massachusetts court on June 8, 2026 ruled that the presidential proclamation imposing a $100,000 H‑1B fee was an unlawful tax and vacated the fee.
  • The Rhode Island ruling should end USCIS holds and re‑reviews for nationals of the 39 designated countries and bar using country of origin as a negative discretionary factor for benefits adjudications.
  • The decisions do not lift the State Department’s separate visa pauses or the travel‑ban proclamations, and the government is expected to seek appeals or stays so implementation may be uneven while USCIS issues guidance.
  • Thousands of applicants and employers—notably in tech and health care—face immediate but uncertain relief because many people have been left without work or legal status since the December 2025 pauses and earlier internal USCIS memos changed processing practices.